Agreement to These Terms
We are The Brooke Tollison Agency, Inc. (“Company,” “we,” “us,” “our”), a company registered in Alabama, United States at 2206 Martin St S, Pell City, AL 35128.
We operate the website https://brooketollisonagency.com (the “Site”), as well as any other related products and services that refer or link to these terms (collectively, the “Services”).
We provide insurance services and risk management counsel for individuals, families, and businesses in St. Clair County, Alabama.
You can contact us by phone at (205) 884-3470, by email at [email protected], or by mail at 2206 Martin St S, Pell City, AL 35128.
These Terms form a legally binding agreement between you and the Company concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with these Terms, you must discontinue use of the Services immediately.
The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use the Services.
1. Our Services
The information provided through the Services is not intended for distribution to or use by any person in any jurisdiction where such distribution would be contrary to law or regulation. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
2. Intellectual Property Rights
Our Intellectual Property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are provided for your personal, non-commercial use only.
Your Use of Our Services
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. To request permission, contact us at [email protected].
Your Submissions
By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. We will own the Submission and may use it for any lawful purpose without acknowledgment or compensation to you.
3. User Representations
By using the Services, you represent and warrant that: (a) you have the legal capacity to agree to these Terms; (b) you are not a minor in the jurisdiction in which you reside; (c) you will not access the Services through automated or non-human means; (d) you will not use the Services for any illegal or unauthorized purpose; and (e) your use of the Services will not violate any applicable law or regulation.
4. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. You agree not to:
- Systematically retrieve data or content from the Services without our written permission.
- Trick, defraud, or mislead us or other users.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm us or the Services.
- Use any information obtained from the Services to harass, abuse, or harm another person.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit viruses or other malicious code.
- Engage in any automated use of the system, including data mining or scraping tools.
- Attempt to impersonate another user or person.
- Interfere with or create an undue burden on the Services or connected networks.
- Attempt to bypass any measures designed to restrict access to the Services.
- Use the Services as part of any effort to compete with us or for revenue-generating commercial enterprise.
5. Services Management
We reserve the right, but not the obligation, to: (a) monitor the Services for violations of these Terms; (b) take appropriate legal action against anyone who violates the law or these Terms; (c) refuse, restrict access to, or limit the availability of the Services; and (d) otherwise manage the Services in a manner designed to protect our rights and property.
6. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Services are hosted in the United States.
7. Term and Termination
These Terms remain in full force and effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms or any applicable law or regulation.
8. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We will not be liable to you for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.
9. Governing Law
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law principles.
10. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
Binding Arbitration
If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will take place in Alabama.
Restrictions
Any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right or authority for any dispute to be arbitrated on a class-action basis.
Exceptions to Arbitration
The following disputes are not subject to arbitration: (a) any dispute seeking to enforce or protect intellectual property rights; (b) any dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
11. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information at any time without prior notice.
12. Disclaimer
The services are provided on an “as-is” and “as-available” basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. In no event shall The Brooke Tollison Agency, Inc., its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $100.00.
14. Indemnification
You agree to defend, indemnify, and hold us harmless, including our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, arising out of: (a) your use of the Services; (b) breach of these Terms; (c) any breach of your representations and warranties; or (d) your violation of the rights of a third party.
15. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.
16. Electronic Communications
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
17. Changes to These Terms
We may update these Terms from time to time. The revised Terms will be posted on this page with an updated “Last Updated” date. If we make material changes, we will provide notice through the Services or by other means at least thirty (30) days before the changes take effect.
18. Miscellaneous
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
19. Contact Us
The Brooke Tollison Agency, Inc.
2206 Martin St S, Pell City, AL 35128
Phone: (205) 884-3470
Email: [email protected]